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t'. ~ ~(-) r-' ,-...:> ~ ~ -n c::;::J <:;') (f') 0 c:: <=> o~ n :r: ex> n Z ;I'li; ~. c:1;>> N :0 ~I :J: ~ '=' ~ :z---i m 1'0 ~ ~~i: c:=: -irrl 0 0 IS) m _. :z -<0 IS) n CI't 0 ):>- CO '" :E: \.f\ O-rt (I) S ..c -rt:z: CO :z .j::. In .." ~Je~(\rdiJJ Sf r.etllpl,.tQ.: t ::em CO " C) :t>OJ 0 iJ w ~ rr1 -0 ,::0 ->. rr1 ::3 r:t> J: c: Ryley Carlock & Applewhite CJ (f') (j) co s: w ^ m 1999 Broadway, Suite 1800 :t> (..,) ~ 0 -'- Denver, Colorado 80202 00 ('A ~ a A.ttention: Andrew A. Folkerth 0:) DEED OF TRUST, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF RENTS AND REVENUES ~ lJ'-- ~~ THIS DEED OF TRUST, SECURITY AGREEMENT, FINANCINCf SIA~i~E~;r AND ASSIGNMENT OF RENTS AND REVENUES (this "Deed of Trust") is givedas ottfie 'V~ day of June, 2008, by the Borrower named below to the Trustee named below, for the use and benefit of the Bank named below. ARTICLE 1. PARTIES, PROPERTY, AND DEFINITIONS The following terms and references shall have the meanings indicated: -.3 00 ~ 1.1 Borrower: PEDCOR INVESTMENTS-1999-XL, L.P., an Indiana limited partnership, whose address is One Pedcor Square, 770 Third Avenue S.W., Cannel, Indiana 46032, together with any future owner ofthe Property or any part thereof or interest therein. 1.2 Bank: U.S. BANK NATIONAL ASSOCIATION, whose address is 950 lih Street, Third Floor, Denver, Colorado 80202, together with each other lender who may become a Bank pursuant to the Reimbursement Agreement. 1.3 Trustee: U.S. BANK NATIONAL ASSOCIATION, whose address is 950 1 ih Street, Third Floor, Denver, Colorado 80202 1.4 Note: The Note of even date herewith, executed by Borrower, payable to the order of Bank in the principal face amount of $6,357,425.00. The last payment under the Note which is due on June 1, 2018, unless such due date is extended or accelerated, together with all renewals, extensions, and modifications of the Note. All tenns and provisions of the Note are incorporated by this reference in this Deed of Trust. 1.5 Reimbursement Agreement: The Letter of Credit Reimbursement Agreement ("Reimbursement Agreement") of even date herewith executed by Borrower, and the Bank, and all renewals, extensions, and modifications of the Reimbursement Agreement. All capitalized terms not otherwise defined herein shall bear the meaning given to them in the Reimbursement Agreement. I03209-60617-957802v5 us Bank I Riverbend Apal1mcnls Phase I Decd of Trust